Cmmi Presentation

1. Implementation of
Maritime Labour Convention
Difficulties and Remedies.
In Indian Context.
Capt. L. K . PANDA
Nautical Adviser to Govt of India ( Retired )
0LKP - CMMI - 28.06.2019

2. STATUS OF
IMPLEMENTAION
MLC 2006 AS AMENDED M S ACT./RULES IN FORCE.
ESTABLISHED IN 2006 ADEQUATE PROVISIONS
EXISTED IN MS ACT AT PART
IV.
IN FORCE FROM 2013 AMENDED IN 2014, NEW
SECTIONS ADDED , 88.218-A
Etc.
AMENDED IN 2014 in force M S ML RULES IN FORCE 2016
AMENDEDIN 2016 (Yet to come
into force)
MS RPSL RULES IN FORCE
2016
FORMAT WITH 16 ARTICLES, 5
TITLES, REGULATIONS,
STANDARDS AND CODES
FORMAT IS BY WAY OF ACT,
RULES, ORDERS/MS NOTICES
FROM TIME TO TIME
1LKP - CMMI - 28.06.2019

3. STATUS OF COMPLIANCE -
1
M.S. Maritime Labour Rules 2016
addresses the main objectives of the
MLC, though not in the same format .
Article II-2 …...............................
Rule 2
Regln. 1.1 Minimum age ...
Rule 4
Regln. 1.2 Medical certfificate
Rule 5
Regln. 1.3 Training and Qualification
Rule 6 2LKP - CMMI - 28.06.2019

4. Implementation on Indian
Ships
 Prior MS Act amendment, Certificate
of Compliance through the RO( IACS
Members ).
 Primarily applicable to FG Indian
Ships above 500 GT. As per MLC
requirements of DMLC I, II & the MLC.
 For Coastal and RSV, MS notices
issued from time to time meeting
partial need of the MLC, but SOC is
issued .
 Not applicable to IV, Port Crafts, FV
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5. Implementation for Indian
Seafarers
 Provisions under the Act remain supreme.
 M.S.RPS Rules 2016 in force for seafarers
which mandates licensing of placement
services.
 All RPS categorized in to 5 sections based on
capacity and Bank Gurantee mandated.
 Registration and Responsibility of RPS holder
is defined in Rule 4& 5 (a to z)
 RO nominated to carry out audit and
certification.
 E-MIGRATE INITIATED FORM 2018.
 ON-LINE ACCOUNTABILTY
COMMENCED FROM 2018. 4LKP - CMMI - 28.06.2019

6. Indian ships - Implementation
issues
 About 600 Indian ships have come
under the ambit through MLC
certificate or methods as per DGS
directives, or MS notices.
 Insurance/security aspects for FG
vessels are in order but the coastal
vessels remain an unsolved area.
 Facilities (Under title 3,4) need to be
addressed.
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7. Compliance - Seafarers, on
Indian as well as foreign flag
ships
 No of Seafarers 2.2.L+ 30k(??)
 Estimated employment of 40K on Indian Ships,
1.40L with bigger ship managers & 40K on smaller
RPSL holders.
 For 1.80L seafarers, we have nearly 400 RPSL
holders.
 +100 RPSL have been suspended/Invalid.
 E-migrate, though is effective at major airports but
complete implementation is still far way.
 On-line module initiated by DGS has significantly
reduced illegal practices but still needs
improvement
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8. Observations
 Several non-compliance by RPSL
holders observed. Regulation 1.4(
Recruitment & Placement )of MLC n
Regulation 5 of MS RPS Rules.
 Non-compliance of regulation 2.1(
seafarers employment agreement)
 Wrong data entry in DGS module for
RPSL holders.
 Wages, insurance etc.
 In adequate monitoring at the audit
stage.
7LKP - CMMI - 28.06.2019

9. Impact of DGS Dedicated
module for RPSL holders & E-
governace
 Drastic reduction in exploitation of
seafarers.
 Data analysis and accountability
 Facilitation to seafarers for verifying
their record (E mail, etc.)
 Has limitation, since it is based on self
declaration.
 Data can be deleted & post-dated
sign-off can be entered.
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10. Way ahead
 Awareness training of RPSL, Seafarers n
all involved.
 Plugging the gaps in the E-Governance.
 Improvement in monitoring and control.
 Data analysis and evaluation.
 Feedback mechanism.
 Insurance aspects (?)
 Facilitation to coastal ships.
 Monitoring of Indian ships by all including
the Unions.
9LKP - CMMI - 28.06.2019

11. IMPLEMENTAION OF MLC IS A
CONTINUOUS PROCESS AND
WE HAVE COME A LONG WAY
BUT HAVE MILES TO GO.
THANK YOU FOR YOUR
PATIENCE
10LKP - CMMI - 28.06.2019